Duterte's core legal team finalized; Roque not included — lawyer

The lead legal counsel of former President Rodrigo Duterte said Friday his client's core defense team for International Criminal Court (ICC) proceedings has been finalized, and former presidential spokesperson Harry Roque is not part of it.

Lawyer Nicholas Kaufman, the former president's British-Israeli lawyer, said that, "The core team is now fully completed... [The names] should be released in a public filing, yes, it should be today (Friday) or maybe Monday."

Asked if there was a possibility that Roque would be part of the defense team, Kaufman replied: "Harry is seeking political asylum in The Netherlands and that would be wholly incompatible with employment at the Court."

"We wish him all the best in his future endeavors," he added.

The defense team is expected to file for interim release for the former president, a process Kaufman said is “a right which every suspect enjoys, including former President Duterte”. 

“In due course, we will be making a request for interim release,” he said, adding that certain guarantees and conditions must be met first.

Asked whether he is prepared to stay with Duterte’s legal defense until the end, Kaufman said, “I will fight for Mr. Duterte until the end.”

“Time to time, clients decide to change their lawyers. That happens in every case and there's no difference between the International Criminal Court or any other court in the world. So, I’m here to stay. I will fight for Mr. Duterte until the end,” Atty. Kaufman said.

Vice President Sara Duterte, daughter of the former president, said Wednesday she was only waiting for a document before coming home to the Philippines. She also expressed hope that her father's legal team would be completed before she leaves the Netherlands.

The next hearing for the confirmation of Duterte's charges of crimes against humanity has been set for September 23.

Kaufman was relieved from further legal representation of Central African militia leader Maxime Jeoffroy Eli Mokom Gawaka due to conflict of interest.

In a document dated March 25, 2022, the Chamber said the proceedings involving The Prosecutor v. Yekatom and Ngaïssona are “substantially related” to Mokom’s case. It noted that the charges in both cases largely overlap.

Because of this, the Chamber ordered the Registry to “revoke or cancel” Kaufman’s appointment and relieve him from further representing Mokom.

When asked about Duterte’s condition, Kaufman repeated that the former president was “in good spirits” on his latest visit. “I’ll continue to visit him every day that I’m in The Hague,” he said. “It’s my policy.”

He also thanked supporters of Duterte, particularly in light of the former president’s 80th birthday.

“There was a huge influx of flowers on his birthday. So many flowers were being brought here. Tons and tons of flowers, both to the prison and both to the court itself. We have an office in the court. And my room was inundated with flowers,” he said. “I didn’t know what to do with them.”

Meanwhile, Roque filed for asylum in the Netherlands in March.

The former presidential spokesman appeared in the public on March 14 in The Hague—his first appearance since he flew out of the country after being implicated in the operations of Philippine Offshore Gaming Operators (POGOs), particularly his alleged involvement in Lucky South 99, the raided POGO firm in Porac, Pampanga.

In September 2024, the House Quad Committee cited him in contempt and ordered his detention after he refused to submit documents that would supposedly justify his increased wealth.

Though he has no pending cases before any Philippine court, the former presidential spokesperson is facing a complaint over the alleged trafficking operations at Lucky South 99.

An Immigration Lookout Bulletin Order was also issued against Roque and others. —With Andy Penafuerte/Jay-vee Marasigan Pangan/ VDV, GMA Integrated News